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observed by the Town Board and the f <br /> Quarry Advisory Committee during <br /> the inspection. A representative of the Operator may be present <br /> during any such inspection. The Town Board may include the Quarry <br /> Advisory Committee in the inspection. <br /> 12 . Indemnification. The Operator agrees to indemnify and <br /> save harmless the Town, the Quarry Advisory Committee (if created <br /> as provided in section 9) , their agents, representatives, board <br /> members, officers and employees from any and all liability, loss or <br /> damage, costs, attorneys' fees and expense that the Town or its <br /> agents, representatives, board members, officers and employees <br /> suffer as a result of any proceeding, action or claim against the <br /> Town arising in any way out of the operation or use of the Property <br /> and/or the grant of the CUP or the Amended CUP, regardless whether <br /> such liability is caused in part and/or in whole by the negligence <br /> of the Town, its agents, representatives, board members, officers, <br /> and employees . The Operator's agreement to the indemnification in <br /> this section 12 shall run with the Property and be perpetual . <br /> 13 . Waiver. No waiver of any breach of this Restated <br /> Agreement shall be held to be a waiver of any other subsequent <br /> breach. The failure of the Town to enforce at any time any of the <br /> provisions of this Restated Agreement, or to exercise any option <br /> which is herein provided, or to require any time performance by <br /> Operator of the provisions hereof shall be in no way construed to <br /> be a waiver of such provision, nor in any way affect the validity <br /> of this Agreement or any part thereof, or the right of the Town to <br /> thereafter enforce each and every provision. <br /> 14 . Severability. If any portion of this Agreement is held <br /> invalid, the remainder of this Restated Agreement shall not be <br /> affected thereby. <br /> 15. Recording. It is understood that this Agreement shall be <br /> recorded with the Dane County Register of Deeds and its terms shall <br /> be binding upon the successors and assigns of the Operator and <br /> Owners . <br /> 16 . Effect of Approval . Approval and adoption of this <br /> Restated Agreement by the Town does not constitute approval or <br /> disapproval by the Town of the mineral extraction site, the need <br /> for the site, and/or the feasibility or method of operation. The <br /> parties acknowledge that Dane County is vested with the final <br /> decisionmaking authority as to whether to grant the Amended CUP for <br /> the mineral extraction operation as modified. <br /> 17 . Applicable Law. This Agreement shall be interpreted <br /> according to the laws of the State of Wisconsin. <br /> -7- <br /> • <br />